R 2017 - 1
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Questions and Answers

What is the definition of 'Temporary Works' as per the document?

  • All works required for the execution of the Works
  • All temporary equipment required on Site for the execution of the Works
  • All permanent works required on Site for the execution of the Works
  • All temporary works required on Site for the execution of the Works (correct)
  • What is included in the meaning of 'Tender' as per the document?

  • Letter of Tender, Contractor’s Proposal, and other documents specified in the Contract
  • Letter of Tender, Contractor’s Proposal, and all documents submitted with the Letter of Tender
  • Letter of Tender, Contractor’s Proposal, and the JV Undertaking only
  • Letter of Tender, Contractor’s Proposal, JV Undertaking, and all other documents submitted with the Letter of Tender (correct)
  • What are 'Tests after Completion' as per the document?

  • Tests carried out before the Works or a Section are taken over
  • Tests carried out during the execution of the Works
  • Tests carried out in accordance with the Special Provisions after the Works or a Section are taken over (correct)
  • Tests carried out after the completion of the Works
  • What is the definition of 'Time for Completion' according to the document?

    <p>The time for completing the Works or a Section under Sub-Clause 8.2, as stated in the Contract Data</p> Signup and view all the answers

    What are 'Tests on Completion' as per the document?

    <p>Tests specified in the Contract or agreed by both Parties or instructed as a Variation, carried out before the Works or a Section are taken over</p> Signup and view all the answers

    What does 'Tests on Completion' entail according to the document?

    <p>Tests specified in the Contract or agreed by both Parties or instructed as a Variation, carried out before the Works or a Section are taken over</p> Signup and view all the answers

    What does 'Temporary Works' exclude as per the document?

    <p>Contractor’s Equipment</p> Signup and view all the answers

    What is the 'Taking-Over Certificate' as defined in the FIDIC 2017 General Conditions of Contract for Construction?

    <p>A certificate issued by the Engineer in accordance with Clause 10</p> Signup and view all the answers

    What does the term 'shall' indicate in the FIDIC 2017 General Conditions of Contract for Construction?

    <p>An obligation to perform a duty under the Contract</p> Signup and view all the answers

    In the FIDIC 2017 Contract, which version of the Contract prevails if it is written in more than one language?

    <p>The version in the ruling language</p> Signup and view all the answers

    What is the purpose of the provisions for gender-neutral language, singular and plural forms, and written communication in the FIDIC 2017 Contract?

    <p>To ensure inclusivity and clarity in the Contract</p> Signup and view all the answers

    What determines the ruling law and language of the Contract in the FIDIC 2017 General Conditions of Contract for Construction?

    <p>The country and language stated in the Contract Data</p> Signup and view all the answers

    What is the significance of the term 'Unforeseeable' in the FIDIC 2017 General Conditions of Contract for Construction?

    <p>It defines events that the Contractor could not reasonably have foreseen</p> Signup and view all the answers

    What are the requirements for communication outlined in the FIDIC 2017 General Conditions of Contract for Construction?

    <p>Need for written communication and acceptable methods of delivery</p> Signup and view all the answers

    In case of conflict, ambiguity, or discrepancy, which document takes priority according to the text?

    <p>The Contract Agreement</p> Signup and view all the answers

    When is a Notice or other communication considered to be received?

    <p>On the day after transmission for electronically transmitted communication</p> Signup and view all the answers

    Who retains the copyright and other intellectual property rights in the Contractor’s Documents?

    <p>The Contractor</p> Signup and view all the answers

    What happens if a Party becomes aware of an error or defect in a document prepared for use in the execution of the Works?

    <p>They shall promptly give a Notice of such error or defect to the other Party</p> Signup and view all the answers

    When should the Parties sign a Contract Agreement?

    <p>Within 35 days after the Contractor receives the Letter of Acceptance</p> Signup and view all the answers

    What is the custody and care of the Specification and Drawings according to the text?

    <p>In the custody and care of the Employer</p> Signup and view all the answers

    Under what circumstances can a Party assign the whole or any part of the Contract without the prior agreement of the other Party?

    <p>As security in favour of a bank or financial institution</p> Signup and view all the answers

    What does the FIDIC 2017 Contract entitle any person in proper possession of the relevant part of the Works to do?

    <p>Copy, use and communicate the Contractor’s Documents for specific purposes</p> Signup and view all the answers

    Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?

    <p>In the event of termination of the Contract under specific Sub-Clauses</p> Signup and view all the answers

    What is the purpose of the Contractor giving a Notice to the Engineer regarding delayed or disrupted Works?

    <p>To inform about potential delays and disruptions due to missing drawings or instructions</p> Signup and view all the answers

    What are the details required to be included in the Notice to the Engineer regarding delayed or disrupted Works?

    <p>Details of the necessary drawing or instruction, reason for issuance, and impact of delay</p> Signup and view all the answers

    What is the scope of the Contractor’s entitlement to use electronic or digital files, computer programs, and other software related to the Works?

    <p>To use on any computer on the Site and/or at the locations of the Employer and the Engineer</p> Signup and view all the answers

    What is the operational duration to which the General Conditions © FIDIC 2017 apply?

    <p>Throughout the actual or intended operational life of the relevant parts of the Works</p> Signup and view all the answers

    In the event of termination of the Contract under which Sub-Clause does the Employer gain entitlement to copy, use, and communicate the Contractor’s Documents?

    <p>Sub-Clause 15.2 [Termination for Contractor’s Default]</p> Signup and view all the answers

    What is the purpose of the Contractor giving a Notice to the Engineer regarding potential delays or disruptions?

    <p>To inform about potential delays and disruptions due to missing drawings or instructions</p> Signup and view all the answers

    Under what circumstances does the FIDIC 2017 Contract entitle the Employer to copy, use, and communicate the Contractor’s Documents?

    <p>In the event of termination of the Contract under specific Sub-Clauses</p> Signup and view all the answers

    What is the responsibility of the Engineer in case of ambiguity or discrepancy in the documents?

    <p>The Engineer will issue necessary clarification or instruction</p> Signup and view all the answers

    When are notices or other communications considered effective?

    <p>Upon receipt at the recipient's current address or deemed to be received on the day after transmission electronically</p> Signup and view all the answers

    Who bears the costs of stamp duties and similar charges in connection with the Contract Agreement?

    <p>The Employer</p> Signup and view all the answers

    What is the custody arrangement for the Specification and Drawings?

    <p>In the custody and care of the Employer, with two copies supplied to the Contractor unless stated otherwise</p> Signup and view all the answers

    What is the Contractor required to keep accessible to the Employer's Personnel during working hours?

    <p>A copy of the Contract, records, publications, and other documents on the Site</p> Signup and view all the answers

    In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, what may the Contractor be entitled to?

    <p>An extension of time and/or payment, subject to specified conditions</p> Signup and view all the answers

    What is the requirement for the signing of the Contract Agreement?

    <p>Within 35 days of the Contractor receiving the Letter of Acceptance, based on the form annexed to the Particular Conditions</p> Signup and view all the answers

    What does the licence entitle any person in proper possession of the relevant part of the Works to do?

    <p>Copy, use, and communicate the Contractor’s Documents for various purposes</p> Signup and view all the answers

    Under what circumstances does the Employer have the right to copy, use, and communicate the Contractor’s Documents?

    <p>In the event of termination of the Contract under specific clauses</p> Signup and view all the answers

    When should the Contractor give a Notice to the Engineer?

    <p>Whenever the Works are likely to be delayed or disrupted due to the absence of necessary drawing or instruction</p> Signup and view all the answers

    What details should the Notice to the Engineer include?

    <p>Details of the necessary drawing or instruction, reasons for its necessity, and the potential delay or disruption</p> Signup and view all the answers

    For what purposes can the Contractor’s Documents be used in the form of electronic or digital files, computer programs, and other software?

    <p>On any computer on the Site and/or at the locations of the Employer and the Engineer</p> Signup and view all the answers

    When does the licence apply throughout the actual or intended operational life of the relevant parts of the Works?

    <p>Whichever is longer</p> Signup and view all the answers

    In the event of termination of the Contract under Sub-Clause 15.2, who is entitled to copy, use, and communicate the Contractor’s Documents?

    <p>The Employer</p> Signup and view all the answers

    Under what circumstances is the Employer entitled to copy, use, and communicate the Contractor’s Documents under Sub-Clause 15.5, Sub-Clause 16.2, or Sub-Clause 18.5?

    <p>When the Contractor has received payment for the purpose of completing the Works</p> Signup and view all the answers

    What should the Contractor do whenever the Works are likely to be delayed or disrupted?

    <p>Give a Notice to the Engineer</p> Signup and view all the answers

    Study Notes

    FIDIC 2017 General Conditions of Contract for Construction

    • Definitions are provided for terms such as "Unforeseeable," "Variation," "Works," and "year."
    • The Contract includes provisions for gender-neutral language, singular and plural forms, and written communication.
    • The "Taking-Over Certificate" is defined as a certificate issued by the Engineer in accordance with Clause 10.
    • The term "shall" indicates an obligation to perform a duty under the Contract.
    • The interpretation of words and phrases, including "including," "execute the Works," and list items, is specified in the Conditions.
    • Notice and communication requirements are outlined, including the need for written communication and the acceptable methods of delivery.
    • All Notices and other communications must not be unreasonably withheld or delayed.
    • The ruling law and language of the Contract are determined by the country and language stated in the Contract Data.
    • In cases where the Contract is written in more than one language, the version in the ruling language prevails.
    • The language for communications is specified in the Contract Data.
    • The document is restricted for distribution within the Lexis Nexis platform and not for contract use or printing.
    • Original copies are available for sale at www.fidic.org.

    FIDIC 2017 General Conditions of Contract for Construction

    • Language for communications in the absence of specification is the ruling language of the Contract.
    • Documents forming the Contract are mutually explanatory and have a priority sequence in case of conflict, ambiguity, or discrepancy.
    • Parties are required to promptly notify the Engineer of any ambiguity or discrepancy in the documents, and the Engineer will issue necessary clarification or instruction.
    • Notices or other communications are effective upon receipt at the recipient's current address or deemed to be received on the day after transmission electronically.
    • A Contract Agreement must be signed within 35 days of the Contractor receiving the Letter of Acceptance, based on the form annexed to the Particular Conditions.
    • The costs of stamp duties and similar charges in connection with the Contract Agreement shall be borne by the Employer.
    • Neither Party shall assign the whole or any part of the Contract or any benefit or interest without the prior agreement of the other Party.
    • The Specification and Drawings shall be in the custody and care of the Employer, with two copies of the Contract and subsequent Drawings supplied to the Contractor unless stated otherwise.
    • The Contractor's Documents shall be in the custody and care of the Contractor, and the Contractor shall supply paper-original and electronic copies to the Engineer.
    • The Contractor shall keep a copy of the Contract, records, publications, and other documents on the Site, accessible to the Employer's Personnel during working hours.
    • Parties are required to promptly notify each other of any errors or defects in documents prepared for the execution of the Works.
    • In case of delay or cost incurred due to the Engineer's failure to issue a drawing or instruction, the Contractor may be entitled to an extension of time and/or payment, subject to specified conditions.

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    Description

    Learn about the key provisions and requirements outlined in the FIDIC 2017 General Conditions of Contract for Construction, including definitions, communication requirements, interpretation of terms, ruling language, priority sequence in case of conflicts, and obligations of parties involved.

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